Pradeep Nandrajog, J. (Oral):

1. Vide decision dated August 06, 2014, OA No.47/2014 filed by the writ petitioner has been directed to be returned to the petitioner, holding that the Principal Bench of the Armed Forces Tribunal at Delhi did not have the territorial jurisdiction to entertain the original application in view of Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008 and the law declared by the Supreme Court in the decision reported as AIR 2004 SC 2321 M/s Kusum Ingots & Alloys Ltd. Vs. Union of India & Ors. as also the decision of a Five Judge Bench of this Court reported as AIR 2011 Delhi 174 Sterling Agro Industries Ltd. vs. Union of India & Ors. The Tribunal has noted that its view finds support from an unreported decision dated January 23, 2014 passed by a Division Bench of this Court in WP(C) 57/2012 Hav. Venkatagireppa vs. UOI & Ors.

2. We note that the factual matrix has not been noted by the Tribunal, and thus it would be advised that before we look into the decision referred to by the Tribunal for its opinion it would be advisable to note the relevant facts.

3. The petitioner was granted a Short Service Commission in the Indian Army on March 07, 1